I have permission to stay in the UK as a student or skilled worker or graduate - can I apply for access to public funds?


Background

In 2023, the Home Office refused to consider lifting the ‘no recourse to public funds’ (NRPF) condition from the claimant’s leave to remain as the erstwhile dependent of a student, claiming they could not do so because of the type of leave to remain she had. The claimant challenged that decision, and on 6 October 2023 the High Court declared that the Home Office had been wrong to consider that it could not remove the condition from this type of leave.

The judgment can be found here: https://caselaw.nationalarchives.gov.uk/ewhc/admin/2023/2476

Published guidance

The circumstances and risks are explained most fully in the Home Office’s ‘Permitting access to public funds’ policy guidance here (see pp. 17-21). The guidance states the following (emphasis added):

  • ‘discretion will only be used where there are particularly compelling circumstances which justify giving access to public funds and lifting the NRPF condition. Occasions when discretion is used are likely to be rare.’

  • ‘it will normally be appropriate for a person to leave the UK if they can no longer comply with the conditions of their permission or cannot financially support  themselves and their families in the UK… If a decision is made not to lift the NRPF condition, the case should be referred for consideration of cancellation of their permission to enter or stay.’

The online guidance notes further clarify: ‘Your circumstances will be reassessed when you apply for further permission and, to remain on that route, you will need to meet all requirements of the relevant rules at the time you apply, including any financial requirements.' Access to public funds on such visas is therefore temporary at best; the Home Office will consider your situation again if/when you apply to renew your visa or apply for a different visa.

Advice

Although the litigation and guidance has clarified that the Home Office can remove the NRPF condition from any type of leave to remain, there is risk that are very significant risks in making an application for access to public funds if you have leave to remain as a student/ a skilled worker/ a graduate, etc (i.e. if you have leave to remain on a basis other than your family/private life/your status as a British national (overseas) (BNO) from Hong Kong).

Please contact us if you would like to discuss this; we would be glad to advise further.

Further reading

You can also read more here: